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HomeMy WebLinkAboutZA 00-002/CUP 00-001 5 I. 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 2 ZONING ADMINISTRATOR ACTION 00-002 CONDITIONAL USE PERMIT 00-001 3 4 The Zoning Administratorof the City of Tustin does hereby resolve as follows: The Zoning Administratorfinds and determines as follows: A. That a proper application for Conditional Use Permit 00-001 was filed by Steve Casada Construction Company to store material and equipment for a public water improvement project at the property located at 12571 Newport Avenue for six (6) months. B. Pursuant to City Code Section 9299b(3), the Zoning Administrator has the authority to approve a temporary use not to exceed six (6) months through a conditional use permit. C. That a public hearing was duly called, noticed and held on said application on January 31,2000 by the Zoning Administrator. D. That the establishment, maintenance and operation of the use applied for will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin, as evidenced by the following findings: 1) The proposed temporary use, as conditioned, would not be detrimental to the surrounding properties in that placement of the construction equipment and materials in the site would be on a temporary basis. 2) As conditioned, the use would not have a negative effect on the surrounding properties since the hours of operation are limited to 7:00 a.m. to 4:00 p.m. Monday through Friday and 9:00 a.m. to 5:00 p.m. on Saturday. 3) As conditioned Newport Avenue, the adjacent sidewalk and bikeway path would be maintained and cleaned on daily basis. 4) As conditioned, equipment and materials stored on site would maintain a minimum of five (5) feet from the side and rear property lines. E. That this project is Categorically Exempt from the requirements of the California Environmental Quality Act, pursuant to Section 15301 (Class 1). Zoning Administrator Action 00-002 Conditional use Permit 00-001 1 January 31,2000 Page 2 2 3 F. That the project has been reviewed for consistency with the Air Quality Sub- element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub-element. 4 5 6 II. The Zoning Administrator hereby approves Conditional Use Permit No. 00-001 authorizing the temporary storage of construction materials and equipment at the vacant lot located at 12571 Newport Avenue for a period of six months, subject to the conditions contained within Exhibit A, attached hereto. 7 8 9 PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 31st day of January, 2000. 10 II a~.-d'~~~4- ELIZABETH A. BINSACK Zoning Administrator 12 13~ 14 KA~~adz.~ 15 Recording Secretary 16 STATE OF CALIFORNIA) COUNTY OF ORANGE ) CITY OF TUSTIN ) 17 18 I, KATHY MARTIN, the undersigned, hereby certify that I am the Recording Secretary of 19 the Zoning Administrator of the City of Tustin, California; that Zoning Administrator Action 20 No. 00-001 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 31st day of January, 2000. 21 23 ~~~) KATH ARTIN Recording Secretary 22 24 25 26 27 28 29 ... ... EXHIBIT A ZONING ADMINISTRATOR ACTION 00-002 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 00-001 GENERAL (1) 1.1 The proposed use shall substantially conform with the submitted application for the project date stamped January 31, 2000, on file with the Community Development Department, except as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. (1) 1.2 Approval of Conditional Use Permit 00-001 is contingent upon the applicant signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. (1) 1.3 The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval of this project. USE RESTRICTIONS (1 ) 2.1 The temporary use approved under this Conditional Use Permit shall expire six (6) months from January 31, 2000. The applicant shall remove all construction equipment and materials by July 31,2000. (1 ) 2.2 All operations, including engine warm-up, and deliveries and pick-up of materials and equipment, shall be subject to the proposed hours of 7:00 a.m. to 4:00 p.m. Monday through Friday and 9:00 a.m. to 5:00 p.m. on Saturday, unless otherwise determined by the Building Official. (1 ) 2.3 The applicant shall prevent all dirt, erosion, and sediment from leaving the site and entering the storm drain system by performing best management practices in accordance with the Caltrans Storm Water Quality Handbook. 2.4 All construction equipment, vehicles and materials shall be placed at a minimum of five (5) feet from the side and rear property lines. 2.5 Construction hours shall be posted on the site including delivery and worker hours subject to review and approval of the Community Development Department. SOURCE CODES (1) (2) (3) (4) STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODElS DESIGN REVIEW (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENT LANDSCAPING GUIDELINES PC/CC POLICY EXCEPTION ... Exhibit A Conditions of Approval Conditional use Permit 00-001 January 31, 2000 Page 2 .. 2.6 The applicant shall keep the sidewalk, driveway and bicycle lane free from deb'ris and materials on a continuous basis. Driveway, sidewalk and bicycle land shall be swept at the end of each business day or more frequently as needed. (1 ) 2.7 The property owner shall provide regularly scheduled weed abatement for the vacant property. ... 2.8 Vehicular access to the site shall be restricted to the existing driveway along Newport Avenue. No other access or temporary ramp is allowed. FEES (1 )(5) 3.1 Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of $38.00 (thirty-eight dollars) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period that applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened.